1. Name and contact details of the person responsible for processing and the company data protection officer
This data protection information applies to data processing by: Responsible: Gumlich and Weber Software GbR, Hochstraße 6, 40670 Meerbusch, Nico Gumlich Tel .: +49 (0) 175 595 3125, Dennis Weber Tel .: +49 (0) 163 603 1042, email: firstname.lastname@example.org
The company data protection officer is available under the above Address, attn. Nico Gumlich & Att. Dennis Weber, or at email@example.com.
2. Collection and storage of personal data as well as the type and purpose of their use
a) When visiting the website
When you visit our website www.gymx-app.de, the browser used on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is recorded without any action on your part and stored until it is automatically deleted:
IP address of the requesting computer,
Date and time of access,
Name and URL of the file accessed,
Website from which access is made (referrer URL),
Browser used and, if applicable, the operating system of your computer and the name of your access provider.
The data mentioned are processed by us for the following purposes:
Ensuring a smooth connection to the website,
Ensuring comfortable use of our website,
Evaluation of system security and stability as well as
for further administrative purposes.
The legal basis for data processing is Art. 6 Para. 1 S. 1 lit. f GDPR. Our legitimate interest follows from the purposes of data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about you personally.
b) When registering for our newsletter
If, according to Art. 6 Para. 1 S. 1 lit. a GDPR, we use your email address to send you our newsletter on a regular basis. It is sufficient to provide an email address to receive the newsletter.
You can unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can send your unsubscribe request to firstname.lastname@example.org by email at any time.
c) When using our contact form
If you have any questions, we offer you the opportunity to contact us using a form provided on the website. It is necessary to provide a valid email address so that we know who sent the request and to be able to answer it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us takes place in accordance with Art. 6 Paragraph 1 S. 1 lit. a GDPR based on your voluntarily given consent.
The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been dealt with.
3. Transfer of data
A transfer of your personal data to third parties for purposes other than those listed below does not take place.
We only pass on your personal data to third parties if:
According to Art. 6 Para. 1 S. 1 lit. a DSGVO have given express consent to this,
the transfer according to Art. 6 Para. 1 S. 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
in the event that for the transfer according to Art. 6 Para. 1 S. 1 lit. c GDPR there is a legal obligation, and
this is legally permissible and according to Art. 6 Para. 1 S. 1 lit. b GDPR is necessary for the processing of contractual relationships with you.
Information is stored in the cookie that results in connection with the specific device used. However, this does not mean that we are immediately aware of your identity.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a specific period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and what inputs and settings you have made so that you do not have to re-enter them.
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests as well as those of third parties in accordance with Art. 6 Para. f GDPR required.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, if you deactivate cookies completely, you may not be able to use all the functions of our website.
5. Analysis tools
a) tracking tools
The tracking measures listed below and used by us are based on Art. 6 Para. 1 S. 1 lit. f GDPR carried out. With the tracking measures used, we want to ensure that our website is designed in accordance with requirements and is continuously optimized. On the other hand, we use tracking measures to statistically record the use of our website and to evaluate it for you in order to optimize our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned regulation.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
i) Google Analytics
We use Google Analytics, a web analysis service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) for the purpose of tailoring our website to your needs and continuously optimizing it. In this context, pseudonymised usage profiles are created and used Cookies (see section 4) are used. The information generated by the cookie about your use of this website, such as
Browser type / version,
operating system used,
Referrer URL (the previously visited page),
Host name of the accessing computer (IP address),
Time of the server request,
are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of us. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all functions of this website can be used to their full extent.
You can also prevent the collection of the data generated by the cookie and relating to your use of the website (including your IP address) and the processing of this data by Google by clicking on Browser-Add-on herunterladen und installieren.
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie will be set which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics-Hilfe.
ii) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for the purpose of optimizing our website. Google Adwords will set a cookie (see section 4) on your computer if you have reached our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can see that the user clicked on the ad and was redirected to this page.
Every Adwords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of Adwords customers. The information obtained using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. The Adwords customers find out the total number of users who clicked on their ad and were forwarded to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
If you do not want to participate in the tracking process, you can also refuse the setting of a cookie required for this – for example, via a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser so that cookies from the domain “www.googleadservices.com” are blocked. You can find Google’s data protection information on conversion tracking hier.
6. Rights of data subjects
You have the right:
to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a Right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is required;
to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR if you dispute the correctness of the data, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you do this to assert or exercise it or if you need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible;
to revoke your consent given to us at any time in accordance with Art. 7 Para. 3 GDPR. As a result, we are no longer allowed to continue the data processing based on this consent in the future
to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
7. Right to Object
If your personal data is based on legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR are processed, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided there are reasons for this that arise from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation.
If you would like to make use of your right of revocation or objection, an email to email@example.com is sufficient
8. Data security
We use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
10. Topicality and changes to this data protection declaration
This data protection declaration is currently valid and was last updated in June 2018.
Due to the further development of our website and offers on it or due to changed legal or official requirements, it may be necessary to change this data protection declaration. You can call up and print out the current data protection declaration at any time on the website at www.gymx-app.de/datenschutz.
This website uses Mouseflow, a web analysis tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, to record randomly selected individual visits (only with an anonymised IP address). This creates a log of mouse movements and clicks with the intention of randomly playing back individual website visits and deriving potential improvements for the website from this. The information is not personal and will not be passed on. If you do not want a recording, you can deactivate it here on all websites that use Mouseflow.
Data protection declaration for the GYM X app
This data protection information applies to data processing by:
Responsible: Gumlich and Weber Software GbR, Hochstraße 6, 40670 Meerbusch, Nico Gumlich Tel .: +49 (0) 175 595 3125, Dennis Weber Tel .: +49 (0) 163 603 1042, E-Mail: datenschutz @ gymx- app.de.
The company data protection officer is available under the above Address, attn. Nico Gumlich & Att. Dennis Weber, or at firstname.lastname@example.org.
2. Processing of data and use of the app
GYM X processes personal data that the app user (“user”) makes available by using the GYM X app. The processing of personal data takes place in accordance with the applicable data protection laws, in particular the EU General Data Protection Regulation (“GDPR”). The following personal data are processed by GYM X as the provider of the app and the user’s fitness studio.
2.2. Personal data
In order to be able to use the functions of the GYM X app, the user must create a profile and register after the download. The following data is required here: first name, last name, email address and a password of your choice. The user can then search for the respective fitness studio by means of a proximity search or specific information and connect using a studio code. The studio code is used for verification as a member of the gym.
In addition, the user can add health-related data such as gender and weight to his profile in order to specify his training plan.
2.3. Location data
Location data is used exclusively to provide the location-based app application (e.g. search for the vicinity of fitness studios).
The location-based services can be deactivated on the device in the settings.
GYM X can track the use of the app through so-called session tracking. This is done expressly without reference to the specific person or the device used.
2.5. Storage period
Personal data are processed in accordance with Art. 17 GDPR only stored for as long as is necessary for the provision of the owed service and purpose. The data is deleted, for example, if the GYM X app or the profile is deleted.
2.6. Transfer of data
A transfer of personal data to third parties for purposes other than those listed below does not take place. The personal data will not be used for marketing purposes.
User data will only be passed on to third parties if:
– the user according to Art. 6 Para. 1 S. 1 lit. a DSGVO has given his express consent to this;
– the transfer according to Art. 6 Para. 1 S. 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that the user has an overriding legitimate interest in not disclosing the data;
– in the event that for the transfer according to Art. 6 Para. 1 S. 1 lit. c GDPR there is a legal obligation, as well as this is legally permissible and according to Art. 6 Para. 1 S. 1 lit. b GDPR is required for the processing of contractual relationships with the user.
3. User rights
Users have the right
– for confirmation as to whether the relevant data is being processed, for information about the processed data, for further information about data processing and for copies of the data (Art. 15 GDPR);
– to correct or complete incorrect or incomplete data (Art. 16 GDPR);
– to the immediate deletion of the data concerning you (Art. 17 GDPR), or, alternatively, if further processing is necessary according to Art. 17 Para. 3 GDPR, to restriction of processing in accordance with Art. 18 GDPR;
– to receive the data concerning them and provided by them and to transfer this data to other providers / responsible parties (Art. 20 GDPR); to complain to the supervisory authority if they are of the opinion that the data concerning them are being processed by the provider in violation of data protection regulations (Art. 77 GDPR).
– to object to the processing of his personal data at any time.
Furthermore, the right to complain to a supervisory authority remains unaffected. The supervisory authority responsible for GYM X is:
State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
The user can contact GYM X via the contact channels listed to assert data protection issues or other questions.
4. Change of the data protection declaration
GYM X reserves the right to adapt the data protection regulations to technical developments and legal regulations.
Current status: April 22nd, 2020
Terms and Conditions
§ 1 Definitions
Terms of Service
1. End users: Members / customers (natural persons) of the contractual partner who can use the GYM X app on the basis of the license granted.
2. Commercial content: content that is considered normal and essential in the fitness industry (e.g. training or nutrition plans, studio-related information) and supports the purpose of the GYM X app. This purpose results in particular from the product description.
3. Essential contractual obligation or main performance obligation: An obligation that is essential for the achievement of the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner trusts and may rely.
4. Force majeure: Damage is based on an external event caused by elementary natural forces or by actions of third parties, which, according to human understanding and experience, was unforeseeable, could not be prevented or rendered harmless with economically viable means even with extreme care, and also not because of its frequency is to be accepted.
§ 2 Scope
1. The following general terms and conditions (hereinafter abbreviated as “GTC”) apply to all business relationships between Gumlich and Weber Software GbR (hereinafter “GYM X”) and the contractual partner. The version valid at the time of the conclusion of the contract applies.
2. Deviating or supplementary terms and conditions of the contractual partner are not part of the contract. Knowledge of the terms and conditions of the respective contractual partner does not affect this provision. GYM X can expressly consent to the validity of deviating terms and conditions.
§ 3 conclusion of contract
1. The contract is concluded via the homepage www.gymx-app.de or via an order form. The signed order form must be sent to the following address: Gumlich and Weber Software GbR, Hochstraße 6, 40670 Meerbusch.
2. If an order is placed in the manner described in Section 3.1, the contractual partner hereby declares its binding offer to enter into a contract. GYMX will immediately confirm receipt of the offer. The confirmation of receipt does not constitute acceptance of the offer. Acceptance is expressly declared by GYMX within 14 days. Alternatively, acceptance is declared through the provision of services.
§ 4 scope of services
1. With the effective conclusion of the contract, the contractual partner is granted the use of the GYM X app for mobile devices with the iOS, IPadOS and Android operating systems. The compatibility with mobile devices can be found in the description in the respective app store. Download and use by the end user are free of charge.
2. The contract partner can make content available to its members through the app and manage it. The content is set and managed using a software solution (“tool”) operated by the contractual partner. If the security of the During system operation, access to the services can be restricted or blocked. The contractual partner must be informed immediately about the measure.
3. The scope of services is determined by the services agreed at the time the contract was concluded. Support services that go beyond the main performance obligations of GYM X are not included.
§ 5 use
1. The use of the app is limited to the number of licensed fitness studios of the contractual partner and the members registered there. The scope of the license is based on the studios specified in the order form. When used by a personal trainer, only he and his customers are authorized to use it. Any further use is not permitted.
2. The contractual partner is entitled to publish customary commercial content to end users via the app. It is not permitted to post content that violates third party rights or applicable law. The contractual partner is solely responsible for the content posted. GYM X has no obligation to review the violation of the rights of third parties.
3. Violations of the above regulations can be punished with an appropriate contractual penalty and the limitation or blocking of the service. Any use that does not correspond to the purpose contained in the product description is subject to the written consent of GYM X.
§ 6 data protection
1. The personal data of the contractual partner will only be processed within the scope of the consent given and in accordance with the scope of the legal requirements. The provisions of the General Data Protection Regulation (“GDPR”) are decisive.
2. The contractual partner undertakes to meet the data protection requirements towards the end user and to provide them with adequate information.
3. The contractual partner must immediately notify GBR of any changed contract data (e.g. contact details, bank account details).
§ 7 copyrights
1. GYMX has the sole copyrights to the software solution.
2. With the effective conclusion of a contract, the contractual partner is granted a non-exclusive and non-transferable license, the scope of which is determined by § 5 of these GTC. The authorship is not transferred. The license granted does not include any exploitation rights within the meaning of the Copyright Act.
3. The software solution may not be rented, loaned, transferred, sold or sub-licensed to third parties by the contractual partner or the end user.
4. The contractual partner or the end user are not authorized to develop software that violates GYM X’s rights. Further development of the app is not permitted. GYM X reserves the right to assert claims for damages and to prosecute them.
§ 8 Payment Modes
1. The prices listed in the order form apply between the parties (net).
2. The agreed fee is due in advance on the first of the month. The possibility of one-off payment of all monthly fees incurred during the agreed contract period remains unaffected.
3. In the case of monthly payment, the contractual partner undertakes to participate in the SEPA direct debit procedure, unless otherwise agreed. To this end, the contractual partner must issue a written direct debit mandate. The contractual partner is obliged to provide a covered bank account for the debits with the monthly fees.
4. In the event of culpable default in payment by the contractual partner, GYM X is entitled to invoice default costs even without a reminder. This includes default interest at the statutory rate, appropriate legal prosecution, dunning and collection costs, court fees and legal fees.
§ 9 contract term and termination
1. The contractual partner can choose between a contract term of 12 or 24 months, unless otherwise agreed.
2. The minimum contract term is 12 months.
3. Unless otherwise agreed, the contract term is extended by 12 months if the contract is not terminated by the contractual partner or GYM X in due time. The contract can be terminated by either party with a period of three months prior to the end of the contract, without giving reasons.
4. The right to extraordinary termination remains unaffected.
§ 10 liability of GYM X
1. The liability of GYM X, the legal representatives or vicarious agents for damage resulting from injury to life, limb or health, as well as liability under the Product Liability Act and for fraudulently concealed defects are not limited.
2. The liability for damages based on an intentional or grossly negligent breach of duty by GYM X, the legal representatives or vicarious agents is not limited.
3. Liability for damage resulting from the breach of an essential contractual obligation is limited to foreseeable damage typical for the contract. Moreover, liability is excluded.
4. The contractual partner releases GYM X from all third-party claims and compensates for any damage and expenses incurred for which the contractual partner is responsible for a violation of the provision in § 6.2.
5. Liability for damage caused by force majeure is excluded.
§ 11 right of withdrawal for consumer contracts
1. The contract partner can revoke the contract in writing within two weeks without giving reasons. The period begins with the conclusion of the contract, but not before the fulfillment of the information obligations on the part of GYM X acc. Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB, § 312e Paragraph 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the declaration of revocation is sufficient.
2. In the event of an effective cancellation, the mutually received services are to be returned. The reimbursement of payments must be made within 30 days.
§ 12 final provisions
1. GYM X is entitled to change these terms and conditions with the exception of the main performance obligations for the future. The contract partner will be informed of any changes.
2. The contractual partner may only offset undisputed or legally established claims against GYM X.
3. The place of performance for all contractual services is Meerbusch. The place of jurisdiction is the local and regional court in Düsseldorf, which is locally responsible for Meerbusch, if the contractual partner is a merchant, a legal entity under public law or a public special fund. GYM X is entitled to take legal action at the registered office of the contract partner.
Contact: Gumlich and Weber Software GbR, Hochstraße 6, 40670 Meerbusch, email@example.com.